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Nireaha Tāmaki

Biography

Nireaha Tāmaki

Nireaha Tāmaki, of Rangitāne and Ngāti Kahungunu, was born on the Manawatū River some time in the mid-1830s. He is perhaps best known for his bitter struggle to retain lands within the large Mangatainoka block, which the government was determined to purchase for railway construction.

The conflict reached a head in 1894. The Crown had acquired subdivisions of the large Mangatainoka block from various owners identified by the Native Land Court. Because of a survey error this land included about 5,000 acres (2000 hectares) that had not passed through the Court. Nireaha claimed a customary Māori title over this area which had not been extinguished by the Native Land Court or the subsequent government purchase. The Court of Appeal heard the case, known as Nireaha Tāmaki v Baker. Following an earlier precedent, Wī Parata v Bishop of Wellington, the Court claimed that as Māori were a 'primitive' tribal society they could not possess any customary law recognisable by the Courts. Moreover, the Crown’s land dealings with Māori were acts of state and were not subject to judicial review.

Nireaha appealed to the Privy Council in 1900. The New Zealand Court of Appeal decision was reversed. The Law Lords rejected the argument that there was no Māori customary law, and commented that it was 'rather late in the day' for New Zealand courts to adopt such a view, given that several existing New Zealand statutes, including the nineteenth-century Native Lands Acts, referred to Māori custom. The New Zealand Court of Appeal was also adjudged to have jurisdiction over the question of whether the land in dispute had been ceded to the Crown. It would be an understatement to say that the New Zealand judiciary was unhappy with this decision.

The government's response was to limit Māori rights to investigate the government’s land purchases through the courts. However, the Privy Council’s judgment was important because it acknowledged that there was a system of traditional Māori land ownership, which deserved recognition. Nireaha's involvement in this case helped him remain as a leader within Māoridom, even though it impoverished him. He died in 1911.

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